A person must not carry out any mining in any area of land unless –

(a) the person is the holder of a lease in respect of that area of land; or

(b) the land is private land and mining is carried out under section 7 ; or

(c) the person is authorised to do so under a mineral tenement.

Penalty:  Fine not exceeding 500 penalty units or imprisonment for a term not exceeding 6 months, or both.